Canada Lawyer News

Final arguments submitted for woman killed by snow plow

Final arguments have been submitted to the court on the death of 39 years old Claudia Trindale who was hit by a snow plow driven by Douglas James Zaboroski towards the end of January last year.

During the incident, the 52-year-old Zaboroski ran a stoplight, turned right and hit Trindale who was on the crosswalk.

Unaware that he had hit Trindale, Zaboroski had gone on until someone had called his attention to what happened.

Trindale was taken to the hospital where she succumbed days later to the injuries she suffered at the incident.

Thus Zaboroski was charged with careless driving, failing to stop at a red light and failing to yield to a pedestrian in a crosswalk.

Edmonton defence lawyer Edmond O'Neill claims that it was an accident and not negligence on the part of his client.

O'Neill is not arguing that his client did ran a stop light but he is asking to acquit him on the other two charges.

According to O'Neill, with the massive size of the snow plow, it was understandable for Zaboroski to assume that people would see it and promptly give way to the vehicle.

Trindale, however, had on a hooded parka and had earphones stuck to her ears.

The Crown argued that Zaboroski's assumption was not a defence and that instead of stopping, he decided to ran the red light.

Zaboroski will have to wait and see next month for his fate with the verdict expected to be given out on February 3.

Custody ends for young murder convict

Posted Mar 27, 2015 on www.therecord.com

A young man, who was convicted for second-degree murder, will soon be integrated back into the community as he starts with the next phase of his sentence which is community supervision.

The youth was sentenced to a little less than two years in jail and a five-year community supervision for the stabbing death of Larry McDonald, 49.

The convict, who is now 21 years old, cannot be named as he was only 16 when he stabbed McDonald several times in the back.

The victim was trying to intervene in an argument between the youth and his older girlfriend.

A report showed how the youth has been making progress in changing for the better by taking part in all rehabilitative programs available for him while in jail.

As soon as he gets out of jail, he will live with his mother and has to abide by various conditions including a curfew.

Kitchener defence lawyer Craig Parry said the youth understands that his return to society will not be easy considering that he had spent about five years of his life in custody. He had previously spent about three years in jail while his case had gone through the court.

National defence expresses desire to settle sex assault claims

Posted Mar 16, 2015 on www.vicnews.com

London litigator Phillip Millar and lawyers of the Justice Department are working together after the Department of National Defence said it wanted to settle the claims made by eight women who alleged they were sexually assaulted by the department's medical technician.

According to the victims, they were subjected to a breast examination wherein they were touched inappropriately by James Wilks.

Wilks had denied the claims of the women and that he had done the examinations according to the standard procedure.

In 2013, several women including four of the five who have filed a claim, brought their complaints against Wilks in a court martial wherein he was convicted for several counts of breach of trust and sexual assault. The military judge gave his nod to proof that the victims, all under 40, did not have to undergo the breast examination.

He was sentenced to two years and six months which he hasn't started serving yet because he has appealed the conviction.

It was not the first time that Wilks has been convicted by a court martial because in 2011, he was also handed a nine-month sentence after he was convicted of charges of the same nature.

Millar said his clients are happy that the National Defence wants to go for a settlement.

Vancouver constable found guilty but also had his rights violated

Posted Mar 13, 2015 on www.nelsonstar.com

Stephen Todd, a former member of Vancouver police, has been found guilty of improperly accessing police database and giving information to his relative, who was under investigation.

However, Wally Oppal, who adjudicated the complaint against Todd, also dismissed accusations that Todd was being deceitful, displayed discreditable conduct and neglected bis duty.

Oppal slammed officers for denying Todd his right to get advice from a legal counsel or even from just the union during the time he was being questioned to obtain information about his relative.

Kevin Woodall, a lawyer in Vancouver, said Todd welcomes the decision and that he is happy to be absolved of the grave allegations.

Todd has been fired as a result of the deceitful accusations, which have now been dismissed.

The complaints against Todd stemmed from an incident in 2010 wherein Todd had accessed the police database to satisfy the curiosity of his family. It was then that he found out that one of his relatives was under investigation. Todd then accessed the database two more times.

However, according to Oppal, the way Todd was investigated was appalling wherein he was told that charges were ready to be filed against him. The investigators also resorted to fabricating a letter advising Todd that upon a judge's order, his personal communications were monitored.

Man convicted in 17 of 22 charges related to a shootout

Posted Mar 06, 2015 on www.castanet.net

Michael Edward Ellis has been convicted of several charges for his part in a police chase and shootout incident in July of 2012.

Ellis has submitted a not guilty plea to 22 charges in relation to the incident but he was found guilty in 17 of those charges.

During the incident, Ellis was identified as one of the three people whom police were chasing for an hour.

Among the charges Ellis was found guilty of were firearm charges. He was, however, acquitted of the charges related to murder.

In Ellis' defence, Victoria BC criminal lawyer John Gustafson told the court that his client's involvement in that incident was only forced. Even one of his companions testified as much.